IP blocking or user info blocking

3

A web app infringes a patent which is granted in some countries. Users from these countries should not use the app, however the rest of the world has no limitation.

When users are registered in the website, they are asked about their country of residence. Is restricting access based on this information, that can be false, enough to avoid infringing the patent, or should IP blocking be used?

Medical physicist

Posted 2015-08-17T13:48:32.647

Reputation: 163

Answers

1

First, make sure you are absolutely sure that infringement is present. The patent(s) must be issued and still enforceable and the product must include all elements of at least one of the claims.

Moreover, consider where all the claimed (patented) steps are taking place. For example, if the server is in a jurisdiction without patent protection, then use of the app in a jurisdiction where patents are present might not actually be infringement if the key steps occur on the server side. In such cases, there might be still be contributory infringement though.

Definitely talk with a patent attorney to determine whether infringement is indeed present and if so, whether there are ways to design around. Not an easy question to answer in a forum like this.

B. Johnson

Posted 2015-08-17T13:48:32.647

Reputation: 146